- (1.) HEARD Sri Jagdev Singh, learned counsel for the appellant and learned A.G.A. for the State of U.P.
(2.) THIS is second bail application moved on behalf of the appellant Km. Daljeet Lali with a prayer that she may be released on bail during pendency of her appeal. Her first bail application has been rejected on 1.2.2012 after considering the merits of the case.
(3.) IT is submitted by learned counsel for the appellant Km. Daljeet Lali that she has been convicted under section 235 IPC and sentenced to under to three years RI with a fine of Rs. 5,000/, she has been further convicted for the offence punishable under section 489 -A IPC and sentenced to undergo life imprisonment with a fine of Rs. 50,000/ - and has been convicted under section 489 -D and sentenced to undergo life imprisonment with a fine of Rs. 50,000/ -. She has been acquitted for the offence punishable under section 234, 471 and 489 -B IPC. It is submitted by learned counsel for the appellant that appellant is woman and she is in jail after conviction made by the trial court on 22.10.2009.According to the prosecution version the name of appellant Km. Daljeet Lali has been disclosed by the co -accused Nadeem thereafter a police team came to the residence of the appellant Km. Daljeet at Dehradun where she was apprehended in Varanda of her house. On her search made by the lady constable Rs. 12,000/ - and bundle of the keys were recovered from her possession but the recovered Rs. 12,000/ - were not found to be counter feited currency. The recovery of genuine currency notes has been made, thereafter search of her residence was made but no counter feited currency note was recovered. According to the prosecution version the co -accused Nadeem was arrested on 30.3.1999, he confessed before the police with regard to manufacturing of counter feited currency and its supply, from his statement the name of the appellant Km. Daljeet Lali also came to light thereafter the police team came to the house of appellant Km. Daljeet Lali on her search the recovery of Rs. 12,000/ - and bundle of keys was made. The search of her house was made in which six rim of the papers used in manufacturing fake currency, two papers bearing the No. 191099, a printed machine (Iron made) and other tools which were allegedly used in manufacturing the fake currency and some other papers were recovered. Its recovery memo exhibit Ka -6 was prepared. According to the recovery memo 50 items were recovered. Even according to the recovered articles it has not been established that recovered articles were used in manufacturing the fake currency. The case of the appellant is based on the different footing with the case of Syed Mohd Nadeem. The first bail application has been rejected considering the fact that counter feited currency notes were also recovered from the possession of the appellant whereas no counter feited currency note was recovered from her possession, the recovered Rs. 12,000 were genuine. The appellant is not having any criminal antecedent, she is woman also, therefore, she may be released on bail.;